Federal Supreme Court on Court Assistance to Arbitral Tribunals in Taking of Evidence

Anyone summoned by a state court to be heard as a witness is in principle obliged to appear and testify (Section 380, 395 et seq. Code of Civil Procedure ZPO) and the courts can enforce that obligation. Things are different, however, in arbitration: There is no duty to appear before an arbitral tribunal. Continue reading

The Termination of Bilateral Investment Treaties in the EU – One Agreement to End Them All?

My colleagues Nick Storrs and Michael Wietzorek look at the EU memberstates’ exit from bi-lateral investment treaties (BITs) in the wake of the Achmea decision of the European Court of Justice. This case had several appearances on this blog, as it made its way from the Frankfurt Court of Appeals (Oberlandesgericht) and the Federal Supreme Court (Bundesgerichtshof) to the European Court of Justice, first under its original name, Slovakia v. Eureko. 

On 5 May 2020, 23 Member States of the EU entered into an Agreement for the Termination of Bilateral Investment Treaties between the Member States of the European Union (the Agreement). The Agreement will terminate any bilateral investment treaties (BITs) in force between any of Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, France, Germany, Greece, Hungary, Latvia, Lithuania, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, and Spain, as well as Belgium and Luxembourg, who had entered into BITs together as the Belgo-Luxembourg Economic Union.

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Disputes in the Time of Corona: ADR as a Fast and Flexible Way Forward

SARS-CoV-2_49534865371The disruption to business caused by the corona virus will inevitably leads to disputes. Examples that come to mind are the late supply or the failure to deliver critical supplies in an international supply chain, and the allocation of unforeseen risks and costs. Other questions might concern material adverse change (MAC) or force majeure provisions  and insurance coverage for Corona-related issues. In most cases, going to court is not really an option, given the urgency involved in finding a solution.  Continue reading

Goethe University, Frankfurt: German & International Arbitration Curriculum, Summer Term 2020

1200px-Goethe-Logo_svgGoethe Universtity’s Law School has just announced the details for this year’s course in German and International Arbitration:

“Wanting to learn more about commercial arbitration? This Goethe University curriculum provides a comprehensive introduction to the theory and practice of German and international commercial arbitration. Continue reading